RAM RATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE dispute in the case relates to land measuring 55 Kanals 9 Marlas, as detailed in the head note of the impugned order dated 16.1.2006 (P-7) passed by the Collector, Panipat.

(2.) THE Gram Panchayat of village Razapur (respondent-4) filed a petition under Section 7(2) of the Punjab Village Common Lands (Regulation) Act 1961 (as applicable in Haryana) (1961 Act - for short), seeking eviction of the petitioners from the said land measuring 55 Kanals 9 Marlas. An order of ejectment dated 16.1.2006 (P-7) has been passed by the Assistant Collector 1st Grade, Panipat holding that the land was given on lease in the years 1973-74 and 1974-75. Besides, the said land was also given on lease in the year 2000. Therefore, it was clear that it was being utilized for common purposes. The said order dated 16.1.2006 (P-7) has been upheld in appeal in terms of order dated 28.5.2008 (P-11) passed by the Collector, Panipat. It was observed that in the column relating to payment of revenue in the Jamabandies for the years 1973-74 to 1993-1994, which were available on the file, Bhartu, the predecessor-in-interest of the petitioners had been shown in cultivating possession of the land on payment of Rs. 54,000/- 'Bil Mukta Saal Tamaam'. Therefore, it was observed that the land despite being Mushtarka Malkan, was being given on lease by the Gram Panchayat (respondent-4) and with the lease amount, development of the village was being undertaken. In this way, it was observed that the land in question was being used for common purposes.

(3.) IN response, learned counsel for the Grain Panchayat (respondent-4) has submitted that the land vested in the Grain. Panchayat and the Full Bench in Jai Singh's case (supra) had held that the petitioners cannot be dispossessed except in due course of law. Therefore, the Gram Panchayat is taking legal steps to evict the petitioners. It is submitted that the lease deed register for the year 1973-74 and 1974-75 would show that the land was given on lease by the Gram Panchayat. It is also submitted that Bhartu, the predecessor-in- interest of the petitioner has been shown in cultivating possession of the land in question on the basis of Rs. 54,000/- 'Bill Mukta Saal Tamaam' in all the Jamabandies. Therefore, the petitioners are liable to be evicted and the application under Section 7(2) of the Gram Panchayat has rightly been allowed.